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Judge: No more delays in trial
YOUNGSTOWN
A man accused of murder told the court he is not happy with his attorney, but a judge said he will not tolerate any more delay tactics in the 2008 murder case.
An unhappy Reginald Everson, accompanied by his attorney Paul Conn, appeared before Judge Lou A. D’Apolito of Mahoning County Common Pleas Court for a pretrial hearing Thursday. Everson used the appearance to lobby for new counsel and introduce a scathing letter he previously sent to Conn.
Everson, 24, of West Chalmers Avenue, faces a possible life prison sentence in the fatal shooting of Terrell L. Roland, 18, of East Avondale Avenue. Roland was shot twice in his driveway and died on the night after the shooting in St. Elizabeth Health Center.
Conn told the court Everson has refused to communicate or co- operate with his own defense. He said his relationship with his client has deteriorated, and he feels the trial may not proceed smoothly with he and Everson in court together.
“It is my belief that if I am in the courtroom on trial date his [Everson’s] behavior may not be the best. I also believe he may do something to me that is not pleasant, not violent, but it could get worse,” Conn told the court.
As evidence, Conn presented Everson’s letter. Everson waived his right to attorney-client privilege so the letter could be reviewed by the judge.
In the letter, which is riddled with expletives, Everson tells Conn to get off his case and stop trying to “railroad” him in court. He said he would “act a fool” in court and possibly spit on Conn if made to attend the trial alongside Conn.
Judge D’Apolito called the request a stall tactic being employed by Everson in a case that already has been in the court system for more than two years. The judge made it clear he will not tolerate outbursts or other disruptive behavior. Such behavior, he said, would result in Everson watching the court action via monitor while handcuffed in another room.
“Nobody tells me how to run this court, period!” the judge said.
Judge D’Apolito gave Everson two options — keep Conn as his attorney and go to trial Monday or represent himself with Conn as his legal adviser. Should Everson represent himself the case may be postponed for two weeks so Everson can prepare.
Everson is already serving a prison sentence for his part in a botched robbery at an East Side Auto Zone in 2006 that resulted in the death of store employee Edward Agee.
He initially was charged with aggravated murder and robbery, but ultimately pleaded to aggravated robbery.
Everson is accused of shooting Roland while out of jail on bond in the Auto Zone case.